Opinion
Civil Action 7:08-CV-5 (HL).
November 9, 2011
ORDER
On November 7, 2011, Defendant Jamie Powers filed a Chapter 13 Bankruptcy Petition in the United States Bankruptcy Court for the Middle District of Georgia, Valdosta Division. Defendant Powers has filed a notice of bankruptcy in this case.
11 U.S.C. § 362(a)(1) provides that all judicial proceedings against the debtor are automatically stayed. Accordingly, this case is stayed as to Defendant Powers until there is a ruling from the bankruptcy court lifting the stay.
The automatic stay does not automatically stay judicial proceedings against non-bankrupt third parties or co-defendants. See, e.g., In re S.I. Acquisition, Inc., 817 F.2d 1142, 1147 (5th Cir. 1987). The case will continue to move forward as to the remaining parties.